Opinion
March 11, 1938.
Present — Lazansky, P.J., Davis, Johnston, Adel and Taylor, JJ.
Order of the Appellate Term modifying the order of the Municipal Court by striking out the provision granting a new trial and inserting therein the provision that the complaint be dismissed and, as so modified, affirming the order, unanimously affirmed, with costs, on the authority of Corning v. Prudential Insurance Co. of America ( 248 App. Div. 187) and Arcuri v. Prudential Insurance Co. of America (Id. 501).